Publications

Categories: Publications | Tag: Whistleblowing, Employment & Labour Law

The task force focus team highlights companies’ failure to adopt decree provisions. Six months after the entry into force of the Italian legislative decree on Whistleblowing the dedicated task forceof De Luca & Partners’, a leading law firm in consultancy and assistance in employment law, analyses its actual implementation by Italian companies. The decree requires ....

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Categories: Publications | Tag: Dismissal, Court of Cassation

By Order no. 29101 of 19 October 2023, the Italian Supreme Court ruled on the compensation claim for damages in a “straining” case. The employee took legal action because his superior had applied towards him a “stressful” method of control, generating a heated discussion during which the employee had suffered a ischemic attack. The Court ....

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Categories: Publications | Tag: videosorveglianza, Privacy, cybersecurity

By judgment of 26 September 2023, no. 46188, the Italian Court of Cassation, Third Chamber, ruled on the components necessary for the offence referred to in Article 4 of Italian Law no. 300 of 1970 (the “Workers’ Charter”) stating that the installation of a video surveillance system without the authorisation required by law does not ....

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Categories: Publications | Tag: Dismissal, Court of Cassation, Licenziamento, Contenzioso del lavoro

By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....

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Categories: Publications | Tag: Holiday entitlement, illness

THE FACTS The French Employment Court was called upon to rule on the lawfulness of the refusal to allow certain workers to take several days of accrued and unused holiday leave due to prolonged absences from work due to illness. Similarly, the relevant allowance in lieu had been denied to those workers whose employment had ....

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